Loading...
(A) For the purposes of this chapter, the following words and phrases shall mean:
ADULT BOOKSTORE. An establishment having as its stock in trade, for sale, rent, lease, inspection or viewing, books, films, video cassettes, magazines or other periodicals which are
distinguished or characterized by their emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas as defined below, and in conjunction therewith have facilities for the presentation of adult entertainment, as defined below, including adult oriented films, movies or live performances, for observation.
ADULT CABARET. A bar, club, restaurant cabaret which features topless dancers, strippers, male or female impersonators, or similar entertainers.
ADULT ENTERTAINMENT. Any exhibition of any motion pictures, live performance, display or dance of any type, which has as its dominant theme, or is distinguished or characterized by an emphasis on, any actual or simulated specific sexual activities or specified anatomical areas, as defined below, or the removal of articles of clothing or appearing partially or totally nude.
ADULT MINI-MOTION PICTURE THEATER. An enclosed building with a capacity of less than 50 persons used for presenting material having as its dominant theme, or distinguished or characterized by an emphasis on, matters depicting, describing or relating to specified sexual activities, or specified anatomical areas, as defined below, for observation by patrons therein.
ADULT MOTION PICTURE THEATER. An enclosed building with a capacity of 50 or more persons used for presenting material having as its dominant theme, or distinguished or characterized by an emphasis on, matters depicting, describing or relating to specified sexual activities, or specified anatomical areas, as defined below, for observation by patrons therein.
ADULT-ORIENTED ESTABLISHMENT. Includes but is not limited to adult bookstores, adult motion picture theaters, adult mini-motion picture establishments, or adult cabaret; and further means any premises to which public patrons or members are invited or admitted and which are so physically arranged so as to provide booths, cubicles, rooms, compartments or stalls separate from the common areas of the premises for the purposes of viewing adult-oriented motion pictures, or wherein an entertainer provides adult entertainment to a member of the public, a patron or a member, whether or not the adult entertainment is held, conducted, operated or maintained for a profit, direct or indirect.
BOARD. The Township Board for the Charter Township of Clayton, Michigan.
OPERATORS. Any person, partnership or corporation operating, conducting, maintaining or owning any adult-oriented establishment.
SPECIFIED SEXUAL ACTIVITIES. Simulated or actual:
(a) Showing of human genitals in a state of sexual stimulation or arousal;
(b) Acts of masturbation, sexual intercourse, sodomy, bestiality, necrophilia, sado- masochistic abuse, fellatio or cunnilingus; and/or
(c) Fondling or erotic touching of human genitals, pubic region, buttock or female breasts.
SPECIFIED ANATOMICAL AREAS.
(a) Less than completely and opaquely covered human genitals, pubic region, buttocks, and female breast below a point immediately above the top of the areola; and
(b) Human male genitals in a discernible turgid state, even if opaquely covered.
(B) To the extent that any words, terms and/or phrases are not specifically defined in this section, the definitions, as set forth in the most recent Webster’s unabridged dictionary shall apply.
(Ord. 374.4, passed 5-11-2000)
All private schools, and public schools, as defined in Michigan Statutes, located within the Charter Township of Clayton are exempt from obtaining a license hereunder when instructing pupils in sex education, approved by the governing body for that school, as part of its curriculum.
(Ord. 374.4, passed 5-11-2000)
LICENSE REQUIREMENTS
(A) From and after the effective date of this chapter, no adult-oriented establishment shall be operated or maintained in the Charter Township of Clayton without first obtaining a license to operate issued by the township.
(B) A license may be issued only for 1 adult-oriented establishment located at a fixed and certain place. Any person, partnership or corporation which desires to operate more than 1 adult-oriented establishment must have a license for each.
(C) No license or interest in a license may be transferred to any person, partnership or corporation without advance written municipal approval, by resolution of the Board, after a full and complete investigation of the transferee is conducted, pursuant to the terms of this chapter, to determine that full compliance with the terms and intent of this chapter shall be recognized, realized and met, in the event that the transfer is approved.
(D) All adult-oriented establishments existing at the time of the passage of this chapter must submit an application for a license within 90 days of the passage of this chapter. If an application is not received within the 90-day period, then such existing adult-oriented establishment shall immediately cease operations.
(Ord. 374.4, passed 5-11-2000)
(A) Any person, partnership or corporation desiring to secure a license shall make application to the Township Clerk. The application shall be filed in triplicate with and dated by the Township Clerk. The original application shall be retained by the Township Clerk; a copy of the application shall be distributed promptly by the Township Clerk to the police agency then servicing the township, in order to allow the township to receive required reports and background information; and a copy of the application shall be returned to the applicant.
(B) The application for a license shall be upon a form provided by the Township Clerk. An applicant for a license, which shall include all partners or limited partner of a partnership applicant, and all officers or directors of a corporate applicant and all stockholders holding more than 5% of the stock of a corporate applicant, or any other person who is interested directly in the ownership or operation of the business, shall furnish the following information under oath, as attested to by a duly authorized notary public, or by examination under oath, to be conducted by an agent/representative of the township:
(1) Full legal name and address, including all aliases;
(2) Written proof that the individual is at least 18 years of age;
(3) All residential addresses of the applicant for the past 10 years;
(4) The applicant’s height, weight, color of eyes, color of hair and description of any scars, tattoos and/or other similar markings;
(5) The business, occupation or employment of the applicant for 10 years immediately preceding the date of application;
(6) Whether the applicant previously operated in this or any other county, city or state under an adult-oriented establishment license or similar business license;
(7) Whether the applicant has ever had such a license revoked or suspended, the reason therefor, and the business entity or trade name under which the applicant operated that was subject to the suspension or revocation;
(8) All criminal statutes, whether federal or state, or city ordinance violation convictions, forfeiture of bond and pleadings of nolo contendere on all charges brought against the applicant, except minor traffic violations;
(9) Fingerprints and 2 portrait photographs at least 2 inches by 2 inches of the applicant;
(10) The legal description and common street address of the property where the proposed adult- oriented establishment is to be operated by the applicant; and
(11) If the applicant is a corporation, the application shall specify the name of the corporation, the date and state of incorporation, the name and address of the registered agent, and the name and address of all shareholders owning more than 5% of the stock in the corporation and all officers and directors of the corporation.
(C) Within 45 days of receiving an application for a license the Township Clerk shall notify the applicant whether the application is granted or denied, in writing. This time period may be extended, in the event that additional time to verify, gather and/or obtain information is required. A failure of the Clerk to take action, within the timeframe specified, shall not constitute either a grant or denial of the application.
(D) Whenever an application is denied, the Township Clerk shall advise the applicant, in writing, of the reasons for the action. If the applicant delivers a written request for a hearing to the Clerk, within 10 days of receipt of notification of denial of the application, a public hearing shall be held, within 10 days thereafter, before the Board, as hereinafter provided.
(E) Failure or refusal of the applicant to give any information relevant to the investigation of the application or his or her refusal or failure to appear at any reasonable time and place for examination under oath regarding the application or his or her refusal to submit to or cooperate with any investigation required by this chapter shall constitute an admission by the applicant that he or she is ineligible for the license and shall be grounds for denial thereof by the Township Clerk.
(Ord. 374.4, passed 5-11-2000)
(A) To receive a license to operate an adult-oriented establishment, an applicant must meet the following standards:
(1) If the applicant is an individual:
(a) The applicant shall be at least 18 years of age;
(b) The applicant shall not have been convicted of or pleaded nolo contendere to a felony or any crime involving moral turpitude, prostitution, obscenity or other crime of a sexual nature, in any jurisdiction, within 7 years immediately preceding the date of the application; and
(c) The applicant shall not have been found to have previously violated this chapter, or any similar municipal ordinance or state law, within 7 years immediately preceding the date of the application.
(2) If the applicant is a corporation:
(a) All officers, directors and stockholders required to be named under § 112.16(B) shall be at least 18 years of age;
(b) No officer, director or stockholder required to be named under § 112.16(B) shall have been convicted of or pleaded nolo contendere to a felony or any crime involving moral turpitude, prostitution, obscenity or other crime of a sexual nature in any jurisdiction within 7 years immediately preceding the date of the application; and
(c) No officer, director or stockholder required to be named under § 112.16(B) shall have been found to have previously violated this chapter, or any similar municipal ordinance or state law, within 7 years immediately preceding the date of application.
(3) If the applicant is a partnership, joint venture, or any other type of organization where 2 or more persons have a financial interest:
(a) All persons having a financial interest in the partnership, joint venture or other type of organization shall be at least 18 years of age;
(b) No persons having a financial interest in the partnership, joint venture or other type of organization shall have been convicted of or pleaded nolo contendere to a felony or any crime involving moral turpitude, prostitution, obscenity or other crime of a sexual nature in any jurisdiction within 7 years immediately preceding the date of the application; and
(c) No persons having a financial interest in the partnership, joint venture or other type of organization shall have been found to have violated any provision of this chapter, or any similar municipal ordinance or state law, within 7 years immediately preceding the date of this application.
(B) No license shall be issued unless the Police Department and/or agency then providing police service to the township has investigated the applicant’s qualifications to be licensed. The results of that investigation shall be filed in writing with the Township Clerk no later than 30 days after the date of the application.
(C) If the Police Department and/or agency then providing police services to the township is aware of any information bearing on the operator’s qualifications, that information shall be filed in writing with the Township Clerk.
(Ord. 374.4, passed 5-11-2000)
Loading...